20230200 Ver 1_ePCN Application_20230125

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
1/4/2023
BIMS # Assigned* Version#*
20230200 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Albemarle Weir #7 Maintenance
la. Who is the Primary Contact?*
Charlie Benton
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:eads\ahpitner
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/25/2023
Nearest Body of Water
Kings Creek
Basin
Broad
Water Classification
C
Site Coordinates
Latitude:
35.205318
A. Processing Information
County (or Counties) where the project is located:
Cleveland
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-81.352785

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Albemarle U.S., Inc.
2b. Deed book and page no.:
2c. Contact Person:
Trevor Chesal
2d. Address
Street Address
348 Holiday Inn Road
Address Line 2
City
Kings Mountain
Postal /Zip Code
28086
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Charlie Benton
4b. Business Name:
SWCA Environmental Consultants
4c. Address
Street Address
113 Edinburgh South Drive, Suite 120
Address Line 2
City State / Province / Region
Cary NC
Postal / Zip Code Country
27511 USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Kings Mountain
2. Project Identification
2a. Property Identification Number:
2593788835
2c. Project Address
Street Address
348 Holiday Inn Drive
Address Line 2
City
Kings Mountain
Postal / Zip Code
28086
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Kings Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050901
4. Project Description and History
2b. Property size:
536
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is an existing concrete weir installed within Kings Creek. The area immediately surrounding the site is forested. The area within the vicinity of the site includes Interstate 1-85, an
overhead transmission line easement, and developed land.

4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
19.30 AC within the Parcel - Approximately 0.10 at the Project Site
4g. List the total estimated linear feet of all existing streams on the property:
8,068 LF within the Parcel - Approximately 50 LF at the Project Site
4h. Explain the purpose of the proposed project: *
The purpose of the project is to maintain an existing weir that is installed within Kings Creek. The weir has become clogged with debris, including sediment and tree branches from the
surrounding forested area. See attached photolog.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Accumulated sediments and debris would be removed from the upstream side of the existing weir for a maximum distance of 50 feet. The maintenance project will occur during low flow
conditions to the extent practicable. A turbidity curtain will temporarily be installed on the weirs downstream side. Maintenance vehicles, such as a backhoe and a dump truck, would
access the site from an existing dirt road. All work will be conducted from the top of bank. No vehicles would be located within the stream bed. Matting will be used as necessary to
minimize soil disturbance by the vehicles. The removed spoil will be hauled to an upland area within the property. Appropriate erosion and sediment control measures would be installed,
including seeding the debris pile with native grass species. Minor tree and shrub clearing may be required near the weir and within the proposed spoil area. All clearing would be done by
hand, and stumps would be left in place. No mechanized tree removal or grubbing is proposed.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
Field delineation in February and March 2022
No
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Simon King
SWCA Environmental Consultants
6a. Is this a phased project?*
Yes No
Unknown
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
❑ Buffers
U
2a. Site #* (')
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Access Road
T
Headwater Forest
W-A11
Yes
Both
0.014
(acres)
2g. Total Temporary Wetland Impact
0.014
2g. Total Wetland Impact
0.014
2g. Total Permanent Wetland Impact
0.000
2i. Comments:
Temporary wetland impact to place matting within an existing dirt road to access the proposed spoil pile location. Matting will be used to minimize soil
disturbance from the maintenance vehicles. See Spoil Area Map.
3. Stream Impacts

3a. Reason for impact (1)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Weir Maintenance
Temporary
Dewatering
Kings Creek
Perennial
Both
25
Average (feet)
50
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
50
3j. Comments:
Temporary stream impact for the maintenance of an existing weir. See Project Detail Map.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
50
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
No new development is proposed. Access to the site will be from an existing dirt road.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The maintenance project will occur during low flow conditions to the extent practicable. A turbidity curtain will temporarily be installed on the weirs
downstream side. All work will be conducted from the top of bank. No vehicles would be located within the stream bed. Matting will be used to minimize
soil disturbance from maintenance vehicles. Tree and shrub removal will be limited to the area required for equipment access and the proposed spoil
pile. No mechanized clearing or grading is proposed. Erosion and sediment control measures will be installed for the spoil pile located in uplands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The project is for temporary stream impact associated with the maintenance of an existing weir. No loss of stream is proposed.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
The project is located in the Broad River basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
Comments:
No new development is proposed. The project is for the maintenance of an existing weir. The project limits are less than one acre.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)

2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The project is for temporary stream impact associated with the maintenance of an existing weir. No new development is proposed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC report and NC NHP report dated 12/27/2022 (attached). IPaC list the potential for Dwarf -flowered Heartleaf (T) within the project site. A
survey for this species was conducted by SWCA in 2022. No species were observed. Tri-colored Bat (PE) is listed on the IPaC report. Minor tree and
limb clearing is proposed to provide maintenance vehicle equipment to access the existing weir site. No mechanized tree removal or grubbing is
proposed. Tree stumps will be left in place.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat Mapper - https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
An archaeological review of the site was conducted by SWCA in 2022. No historical or archeological resources were identified on or within the vicinity of
the proposed project site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
No new development or structures are proposed for this project.
8c. What source(s) did you use to make the floodplain determination?*
North Carolina Flood Risk Information System - https://fris.nc.gov/fris/Home.aspx?ST=NC
FEMA Map 3710259300J, Panel 2593

Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
NWP request package_Albemarle_Kings_Mountain_Weir#7_20230125.pdf 8.06MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Charlie Benton
Signature
Date
1/25/2023

113 Edinburgh South Drive
SWCA
Suite 120
Cary, North Carolina 27511
Tel [phone]
ENVIRONMENTAL CONSULTANTS
www.sw<a.<om
2136 Sound Science. Creative Solutions
January 25, 2023
Charlotte Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
.Sh ALBEMARLE"
Albemarle U.S., Inc.
348 Holiday Inn Drive
Kings Mountain NC 28086
www.albemarle.com
By Electronic Mail: [e-mail]
Subject: Request for Nationwide Permit #3
Albemarle Weir #7 Maintenance Project
Kings Mountain, Cleveland County, North Carolina
Dear Reviewer:
SWCA Environmental Consultants (SWCA), on behalf of Albemarle Corporation (Albemarle), is
submitting a request for Nationwide Permit (NWP) #3 approval for the above -referenced project in
Cleveland County, North Carolina. The purpose of the project is to remove debris and sediment that has
accumulated around an existing weir structure located in Kings Creek. Accumulated sediments and
debris would be removed from the upstream side of the existing weir for a maximum distance of 50
feet. The maintenance project will occur during low flow conditions to the extent practicable, and a
turbidity curtain will temporarily be installed on the weir's downstream side. Maintenance vehicles, such
as a backhoe and a dump truck, would access the site from an existing dirt road. All work will be
conducted from the top of bank. Matting will be used as necessary to minimize soil disturbance by the
vehicles. The removed spoil will be hauled to an upland area within the property. Appropriate erosion
and sediment control measures would be installed, including seeding the debris pile with native grass
species. Minor tree and shrub clearing may be required near the weir and within the proposed spoil
area. All clearing would be done by hand, and stumps would be left in place.
A pre -construction notification (PCN) application has been completed for this request and includes
supplementary figures and photos for your review. Please contact Charlie Benton at
Charlie. [e-mail] with any questions regarding the information provided with this permit
request.
Sincerely,
SWCA Environmental Consultants
0",-� ��k
Charlie Benton, Sr. Natural Resources Team Lead
cc: Trevor Chesal at [e-mail]

Kings Mountain Facility
348 Holiday Inn Drive
Kings Mountain NC 28086
December 21, 2022
RE: Authorization for SWCA to act as Agent on behalf of Owner
To whom it may concern:
This letter is to confirm that SWCA, 113 Edinburgh South Drive, Suite 120, Cary, North
Carolina 27511, is acting as agent on behalf of the Albemarle Kings Mountain Wier #7
Maintenance project located in Cleveland County, North Carolina. This authorization is
for the processing of permit applications, including:
■ U.S. Corps of Engineers (USACE) Section 404 Clean Water Act permit; and
6 N.C. Department of the Environmental Quality - Division of Water Resources
(NCDEQ-DWR) Section 401 Clean Water Act- Water Quality Certification
Any required written correspondence concerning the application process or other
aspects of this project should be jointly copied to SWCA and myself. Please contact
Charlie Benton of SWCA with any questions at [phone].
Sincerely,
Jose Fernando Rodriguez
Resources Mine Development Director
Albemarle U.S., Inc.
348 Holiday Inn Drive
Kings Mountain, NC 28086
Email: [e-mail]

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Client: Albemarle Corporation
Project: Albemarle Weir#7 Maintenance PHOTOGRAPH LOG
Project #: 00070316-001-RDU
Photo
Date:
ID:
1
01/12/2023
Direction:
Upstream
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Kings Creek
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Client: Albemarle Corporation
Project: Albemarle Weir#7 Maintenance PHOTOGRAPH LOG
Project #: 00070316-001-RDU
Photo
Date:
ID: 01/12/2023
3
Direction:
Upstream
Feature:
Kings Creek
Description:
View looking north at
the existing access
road and the upland
area adjacent to the
stream's left bank.
This area would be
the temporary
workspace for the
maintenance
equipment to access
the debris located
behind the Weir #7.
Photo
Date:
ID: 01/12/2023
4
Direction:
Downstream
Feature:
Kings Creek
Description:
View looking south at
the stream's left bank
toward Weir#7.

Client: Albemarle Corporation
Project: Albemarle Weir#7 Maintenance PHOTOGRAPH LOG
Project #: 00070316-001-RDU
Photo
Date:
ID: 01/12/2023
5
Direction:
East
Feature:
Proposed Spoil Pile
Description:
View looking at the
proposed spoil pile
location located
within uplands.
Photo
Date:
ID: 01/12/2023
6
Direction: Northwest
Feature:
Existing Dirt Road
Description:
View looking at an
existing dirt road that
would be used to
access the proposed
spoil pile location.
This portion of the dirt
road is located within
a wetland area.
Matting would be
placed within this
portion of the road to
minimize disturbance
to the soils.